The Roads Regulation 2018 sets how NSW roads, tollways, bridges, tunnels and ferries are managed and used: who may decide and enforce rules, what users must do (including paying tolls), publication and data‑sharing requirements, and penalties. It directly affects roads authorities, toll and ferry operators, drivers/vehicle owners, purchasers of Crown road land and businesses seeking permits — shaping payments, compliance costs, enforcement powers and operational discretion across NSW transport infrastructure.
This Regulation prescribes detailed operational, procedural and regulatory rules that sit under the Roads Act 1993 (the Act) and related NSW road, tolling, bridge, tunnel, ferry and Crown‑land transactions. It commenced on 1 September 2018 and replaced the Roads Regulation 2008 (Commencement note). The instrument:
Establishes general road safety and protection offences and penalties, including prohibitions on placing objects on roads (cl 8), damaging roads or structures (cl 9-11), lighting or fencing requirements for works that create hazards (cl 12), and prohibitions on extinguishing or interfering with street lights (cl 13).
Sets procedural steps for roads authorities in temporary road closures (7 days’ notice, cl 5(1)), naming or renaming roads with consultation and notification requirements (cl 7), and the process for transferring applications to close or acquire public roads (cl 72-73).
Defines the powers and obligations surrounding tollways, including driver liability to pay tolls (cl 19), operator publication obligations on toll amounts and payment terms (cl 19(3)), objection and internal review procedures for toll charges (cl 21-22), prohibitions on interfering with toll equipment (cl 20), and recovery of unpaid tolls as debts (cl 80).
Prescribes operational controls on tollways and specified bridges and tunnels: permitted locations for vehicles and pedestrians (cl 27-28), directions by authorised officers and by notice (cl 35-36), exemptions from Part 3 for police/authorised officers (cl 37) and special application to the Sydney Harbour Bridge/Tunnel (cl 38).
Regulates bridges and opening bridges (navigation lights, signalling, vessel conduct, cl 46-53), anti‑commercial and behaviour controls on particular bridges (clauses 41-48), and allows roads authorities to issue written exemptions (cl 49).
Current sections
Direct links to the current provisions in Roads Regulation 2018.
carriageway means the portion of a road improved or designed for use by, or used by, the main body of moving vehicles and does not include any shoulder of a road, breakdown lane or other lateral part of the road not so improved, designed or used.
drive includes ride or draw (in relation to a vehicle) and ride or lead (in relation to an animal).
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2
Roads
Part 2 Roads
Part 2 Roads
Division 1
General
Division 1 General
Division 1 General
4
Application of Part
4 Application of Part
4 Application of Part
This Part applies to a public road and to a classified road that is not a public road.
5
Temporary closing of road
5 Temporary closing of road
5 Temporary closing of road
(1) A roads authority must give at least 7 days notice of its intention to close a public road in the exercise of its functions under Part 8 of the Act—
(a) by means of a notice published in a local newspaper or on the roads authority’s website, and
(b) by means of conspicuous notices erected along the road.
(2) No such notice is necessary in the case of an emergency.
6
Traffic controllers
6 Traffic controllers
6 Traffic controllers
(1) For the purpose of enabling it to exercise its functions under Part 8 of the Act, a roads authority may engage, or authorise its agents or contractors to engage, traffic controllers to direct traffic on a road.
(2) A person may be engaged as a traffic controller by a person other than a road authority only if the person to be engaged has successfully completed a training course in traffic control approved by SafeWork NSW or a roads authority.
(3) A traffic controller must wear a badge or other distinguishing mark clearly indicating the person is a traffic controller.
(4) A person must not disregard the reasonable directions of a traffic controller with respect to the regulation of traffic.
Maximum penalty (subclause (4)): 20 penalty units.
7
Procedure for naming roads
7 Procedure for naming roads
7 Procedure for naming roads
(1) A roads authority that proposes to name or rename a road must—
(a) publish notice of the proposal in a local newspaper or on the roads authority’s website, and
(b) notify all relevant parties of the proposal.
(2) The notice must state that written submissions on the proposed name may be made to the roads authority and must specify how, and the date by which, submissions are to be made.
(3) Any person may make written submissions to the roads authority on its proposal to name or rename a road.
(4) A roads authority (other than the Minister) may not proceed with a proposal to name or rename a road against an objection made by a relevant party except with the approval of the Minister.
(5) If, after considering any submissions duly made to it, the roads authority decides to proceed with the proposed name, the roads authority—
(a) must publish notice of the new name in the Gazette and in a local newspaper or on the roads authority’s website, giving (in the case of a road that is being named for the first time) a brief description of the location of the road, and
(b) must notify the relevant parties of the new name, giving sufficient particulars to enable the road to be identified.
(6) In this clause, relevant party means the following—
(a) Australia Post,
(b) the Registrar-General,
(c) the Surveyor-General,
(d) the chief executive of the Ambulance Service of NSW,
(e) Fire and Rescue NSW,
(f) the NSW Rural Fire Service,
(g) the NSW Police Force,
(h) the NSW State Emergency Service,
(i) VRA Rescue NSW Limited,
(j) in relation to a classified road—TfNSW.
cl 7: Am 2025 No 48, Sch 2.12.
Division 2
Protection of roads and traffic
Division 2 Protection of roads and traffic
Division 2 Protection of roads and traffic
8
Things placed on and use of roads
8 Things placed on and use of roads
8 Things placed on and use of roads
(1) A person must not—
(a) place on a road anything that is likely to injure any person or damage any vehicle, or
(b) place on a road anything that is likely to restrict or endanger the use of a road by the public or interfere with public convenience, or
(c) load or unload a vehicle on or from the shoulder of a road in a manner that is likely to cause damage to the road, or
(d) allow to escape onto a road any liquid or any loose or waste material.
Maximum penalty—20 penalty units.
(2) Subclause (1) does not apply to—
(a) the placement on a road of a building waste storage container, to the extent to which its placement is authorised by or under the Local Government Act 1993, or
(b) the placement on a road of a garbage bin, bag or other receptacle or of other refuse collectible by the council, to the extent to which its placement is authorised by or under the Local Government Act 1993, so long as it is placed—
(i) beside the carriageway of the road, and
(ii) out of the line of traffic, or
(c) the doing of anything on a road with the consent of the relevant roads authority, or
(d) the temporary placement of anything on a road as a result of the breakdown of the vehicle or animal by which it is being carried.
(3) A person who leaves anything on a road because of the breakdown of the vehicle or animal by which it is being carried—
(a) must place it out of the line of traffic, and
(b) must ensure that it is adequately guarded to prevent it being a danger to the public, and
(c) must ensure that it is adequately lit at night, and
(d) must cause it to be removed from the road as soon as practicable.
Maximum penalty—20 penalty units.
9
Protection of roads
9 Protection of roads
9 Protection of roads
A person must not—
(a) drive a vehicle or animal on a road in such a manner as to cause damage (other than fair wear and tear) to the road or to any structure or work on the road, or
(b) tether in any road any animal that is capable of causing damage to the road or to any structure or work on the road.
Maximum penalty—10 penalty units.
10
Dragging things on road
10 Dragging things on road
10 Dragging things on road
(1) A person must not—
(a) propel or drag anything along the surface of a road that is capable of causing damage to the road or to any structure or work on the road, fair wear and tear excepted, or
(b) drive a vehicle with chains on its wheels otherwise than on a road whose surface is covered with mud, snow or ice.
Maximum penalty—10 penalty units.
(2) A person must not, except with the permission of the roads authority, drive on a road a vehicle that has caterpillar tracks or that has wheels having spikes, bars or other projections that come into contact with the road surface.
Maximum penalty—20 penalty units.
11
Vehicles in disrepair
11 Vehicles in disrepair
11 Vehicles in disrepair
A person must not drive a vehicle on a road if the vehicle is in such a state of disrepair as to cause damage to the road or to any structure or work on the road, fair wear and tear excepted.
Maximum penalty—10 penalty units.
Division 3
Protection of public safety
Division 3 Protection of public safety
Division 3 Protection of public safety
12
Lighting and fencing of obstructions and dangers
12 Lighting and fencing of obstructions and dangers
12 Lighting and fencing of obstructions and dangers
Any person (including a roads authority) who carries out a work on a road in such a manner as to create a traffic hazard—
(a) must ensure that the hazard is adequately guarded to prevent it being a danger to the public, and
(b) must ensure that the hazard is adequately lit at night.
Maximum penalty—20 penalty units.
13
Lights on roads
13 Lights on roads
13 Lights on roads
A person must not extinguish, interfere with or obscure any street light or hazard warning light on a road.
Maximum penalty—20 penalty units.
14
Jumping onto or from bridges and other structures
14 Jumping onto or from bridges and other structures
14 Jumping onto or from bridges and other structures
(1) A person must not jump onto or from any portion of a bridge or other structure that is situated on, or forms part of, a road.
Maximum penalty—30 penalty units.
(2) A roads authority may, either unconditionally or subject to conditions, exempt any person or class of persons in writing from the operation of this clause.
Division 4
Protection from neighbouring land
Division 4 Protection from neighbouring land
Division 4 Protection from neighbouring land
15
Throwing things onto roads or vehicles
15 Throwing things onto roads or vehicles
15 Throwing things onto roads or vehicles
A person must not, without the permission of a roads authority, cast or throw anything onto a road, or into or onto a vehicle on a road, from anywhere (including the road).
Maximum penalty—30 penalty units.
16
Property to be sufficiently spouted
16 Property to be sufficiently spouted
16 Property to be sufficiently spouted
The occupier of land having frontage to a road must not allow water to drip or flow from the land onto any part of the road other than the gutter.
Maximum penalty—10 penalty units.
17
Excavations adjacent to road
17 Excavations adjacent to road
17 Excavations adjacent to road
A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.
Maximum penalty—20 penalty units.
18
Obstruction on footway or road
18 Obstruction on footway or road
18 Obstruction on footway or road
A person must not erect, maintain or use a door or gate that opens outwards into a road.
Maximum penalty—10 penalty units.
Part 3
Tollways
Part 3 Tollways
Part 3 Tollways
19
Driver of vehicle to pay tolls and charges
19 Driver of vehicle to pay tolls and charges
19 Driver of vehicle to pay tolls and charges
(1) The driver of a vehicle that passes a toll point on a tollway must pay any toll or charge payable for the use of the tollway to the toll operator at or within the time and in the manner specified by the toll operator in respect of the tollway.
Maximum penalty—5 penalty units.
Note.
Section 244 of the Act makes the owner of a vehicle guilty of an offence under this clause unless the vehicle was stolen or the owner nominates another person as the person in charge of the vehicle at the time of the offence.
(2) A requirement to pay a toll or charge includes a requirement to pay the toll or charge in accordance with any terms and conditions (including a term requiring the payment of an administrative charge) that may be imposed by a toll operator in relation to the particular manner of payment of the toll or charge.
(3) A toll operator must publish the following information on the toll operator’s website in relation to each tollway it operates—
(a) the amount of the toll payable for the use of the tollway and how that amount is calculated,
(b) the amount of any charge (including an administrative charge) payable by the driver for the use of the tollway and how that amount is calculated,
(c) the time within which a toll or charge must be paid,
(d) the manner in which a toll or charge may be paid,
(e) any other terms and conditions that apply to the payment of the toll or charge,
(f) the procedure for objecting to the imposition of a toll or charge or the amount of a toll or charge imposed,
(g) that it is an offence for the driver of a vehicle that passes a toll point to not pay a toll or charge payable for the use of the tollway,
(h) any other information required by TfNSW in relation to the tolls and charges payable for the use of the tollway.
(4) A toll operator may also indicate, by the use of signs approved by TfNSW, any of the information referred to in subclause (3).
(5) A toll operator may waive a toll or charge in respect of a particular vehicle or class of vehicles.
(6) Nothing in clause 35 or 36 affects the requirement to pay a toll or charge under this clause.
20
Person must not interfere with toll equipment
20 Person must not interfere with toll equipment
20 Person must not interfere with toll equipment
A person must not, without reasonable excuse, tamper or otherwise interfere with any equipment used in connection with the collection of a toll (such as an electronic device, a sensor unit or an electronic boom gate).
Maximum penalty—10 penalty units.
21
Objections in relation to payment of tolls and charges
21 Objections in relation to payment of tolls and charges
21 Objections in relation to payment of tolls and charges
(1) A person (the objector) who has paid a toll or charge, or who is required to pay a toll or charge, under this Part may object to—
(a) the imposition of the toll or charge, or
(b) the amount of the toll or charge imposed,
if the objector is of the opinion that he or she is not liable for the toll or charge (or the full amount of the toll or charge) imposed.
(2) An objection must—
(a) be made within 60 days after the liability to pay the toll or charge is incurred, and
(b) be made in writing and specify the grounds of the objection.
(3) A toll operator must, within 14 days after receiving the objection—
(a) deal with the objection by—
(i) reimbursing the objector for all or part of the toll or charge, or
(ii) waiving payment of all or part of the toll or charge, or
(iii) dismissing the objection, and
(b) notify the objector of the decision on the objection, and
(c) inform the objector of the right to apply for an internal review of the decision as referred to in clause 22.
22
Internal reviews of objection decisions
22 Internal reviews of objection decisions
22 Internal reviews of objection decisions
(1) A person may apply to a toll operator for an internal review of the toll operator’s decision on an objection made under clause 21 (3) (a) (the original decision) if the person is not satisfied with the original decision.
(2) A person may also apply to a toll operator for an internal review if the toll operator does not deal with an objection under clause 21 (3) (a) within 14 days of receiving the objection.
(3) An application for internal review under subclause (1) must be made within 14 days after the person is notified of the original decision.
(4) An application for internal review under subclause (2) must be made within 28 days after the person made the objection.
(5) An application for internal review must be in writing and specify the grounds of the application.
(6) An application for internal review is to be dealt with by an individual directed by the toll operator to deal with the application (the reviewer). The reviewer must be a person who was not substantially involved in making the original decision.
(7) The reviewer must, within 21 days after receiving an application—
(a) confirm, vary or revoke the original decision, and
(b) notify the person of the decision on the internal review.
23
Security indicators for toll camera photographs
23 Security indicators for toll camera photographs
23 Security indicators for toll camera photographs
(1) For the purposes of section 250A (2) (b) of the Act, the following are prescribed as a security indicator—
(a) a series of 32 characters produced by an MD5 algorithm,
(b) a series of 48 characters of which 32 characters have been produced by an MD5 algorithm.
(2) In this clause, character includes a letter, number or symbol.
24
Inspection of toll cameras
24 Inspection of toll cameras
24 Inspection of toll cameras
For the purposes of section 250A (3) (b) of the Act, the period of 90 days is prescribed.
25
Divulging of information from toll cameras to prescribed persons
25 Divulging of information from toll cameras to prescribed persons
25 Divulging of information from toll cameras to prescribed persons
For the purpose of section 250A (5) (e) of the Act, the following are prescribed—
(1) The following vehicles are exempt from paying a toll or charge to use a tollway (other than the Sydney Harbour Bridge or Sydney Harbour Tunnel)—
(a) marked police vehicles,
(b) unmarked police vehicles displaying a flashing light or sounding an alarm,
(c) Fire and Rescue NSW vehicles,
(d) ambulances.
(2) The vehicles that are exempt from paying a toll or charge to use the Sydney Harbour Bridge and the Sydney Harbour Tunnel are vehicles in a class specified in an order under section 215 of the Act as exempt from paying a toll to use the Sydney Harbour Bridge.
27
Vehicles to use carriageways
27 Vehicles to use carriageways
27 Vehicles to use carriageways
(1) A person must not drive a motor vehicle on any part of a tollway other than a carriageway.
Maximum penalty—10 penalty units.
(2) This clause does not prohibit a person from doing such things as are necessary to enable the person to comply with the requirements of clause 31.
28
Pedestrians to use footways and footbridges
28 Pedestrians to use footways and footbridges
28 Pedestrians to use footways and footbridges
(1) A pedestrian must not go onto any part of a tollway other than a footway or footbridge.
Maximum penalty—10 penalty units.
(2) This clause does not prohibit a person from doing such things as are necessary to enable the person to comply with the requirements of clause 31.
29
Leaving motor vehicles unattended
29 Leaving motor vehicles unattended
29 Leaving motor vehicles unattended
(1) A person who is in charge of a motor vehicle that is situated on a tollway must not leave the vehicle unattended.
Maximum penalty—20 penalty units.
(2) This clause does not prohibit a person from doing such things as are necessary to enable the person to comply with the requirements of clause 31.
30
Unloading of motor vehicles
30 Unloading of motor vehicles
30 Unloading of motor vehicles
A person must not load or unload a motor vehicle on or from any part of a tollway or its carriageway otherwise than in accordance with a direction given by an authorised officer under clause 35.
Maximum penalty—10 penalty units.
31
Breakdowns
31 Breakdowns
31 Breakdowns
The driver of a motor vehicle that breaks down while travelling along a tollway must take all reasonable steps to ensure that the vehicle—
(a) does not constitute a hazard to other motor vehicles, and
(b) is removed from the tollway as soon as is practicable.
Maximum penalty—20 penalty units.
32
Straying animals
32 Straying animals
32 Straying animals
A person who is in charge of an animal must not allow the animal to stray onto any part of a tollway.
Maximum penalty—10 penalty units.
33
Maximum fees for toll services
33 Maximum fees for toll services
33 Maximum fees for toll services
(1) The Minister may, by order published in the Gazette, fix the maximum fee that a toll service provider may charge a toll operator in connection with the provision of toll services.
(2) Without limiting subclause (1), an order may—
(a) specify the maximum fee or the manner in which the maximum fee is to be calculated, and
(b) fix different maximum fees for different classes of tollways, bridges, tunnels or road-ferries or for different classes of toll service providers.
(3) A toll service provider must not charge a toll operator a fee that exceeds the applicable maximum fee fixed by an order under this clause.
Maximum penalty—5 penalty units.
(4) In this clause—
toll service provider means a person who provides toll services.
toll services means accounts, products or related services that enable the payment of tolls for the use of tollways, bridges, tunnels or road-ferries by persons who are required to pay such tolls.
34
Application of section 101 and Division 3 of Part 9 of the Act
34 Application of section 101 and Division 3 of Part 9 of the Act
34 Application of section 101 and Division 3 of Part 9 of the Act
(1) The following provisions of the Act apply to and in respect of a tollway that is operated by TfNSW or NSW Motorways in the same way as they apply to and in respect of a public road—
(a) section 101 (Restoration of public road following excavation etc),
(b) Division 3 of Part 9 (which regulates the erection of structures and the carrying out of works on public roads),
(c) such other provisions of the Act as are ancillary to the operation of section 101 and Division 3 of Part 9.
(2) A reference in those provisions to a public road is taken to be a reference to the tollway and a reference in those provisions to a roads authority is taken to be a reference to TfNSW or NSW Motorways, as applicable.
(3) This clause does not apply to a tollway operated by a toll operator other than TfNSW or NSW Motorways.
cl 34: Am 2025 (306), Sch 1[1] [2].
35
Directions by authorised officers
35 Directions by authorised officers
35 Directions by authorised officers
(1) An authorised officer may give directions with respect to—
(a) the regulation of pedestrian and vehicular traffic on a tollway, and
(b) the safety of a tollway and of persons and property on the tollway.
(2) A person must not contravene a lawful direction given to the person under this clause.
Maximum penalty—20 penalty units.
36
Directions by notice
36 Directions by notice
36 Directions by notice
(1) A toll operator may display notices containing directions with respect to—
(a) the regulation of pedestrian and vehicular traffic on a tollway, or
(b) the safety of a tollway and of persons and property on the tollway.
(2) Such a notice does not have effect unless—
(a) it is prominently displayed on or in the vicinity of that part of the tollway to which it is intended to apply, and
(b) the directions contained in it are clearly legible to those persons to whom it is intended to apply.
(3) A person must not contravene a lawful direction contained in a notice displayed in accordance with this clause.
Maximum penalty—20 penalty units.
37
Application of Part to police officers and authorised officers
37 Application of Part to police officers and authorised officers
37 Application of Part to police officers and authorised officers
This Part does not apply to a police officer or an authorised officer in the exercise of a function as a police officer or authorised officer.
38
Application of Part to Sydney Harbour Tunnel and Sydney Harbour Bridge
38 Application of Part to Sydney Harbour Tunnel and Sydney Harbour Bridge
38 Application of Part to Sydney Harbour Tunnel and Sydney Harbour Bridge
This Part (except clause 34) applies to and in respect of the Sydney Harbour Tunnel and the Sydney Harbour Bridge in the same way as it applies to and in respect of a tollway, and so applies as if a toll or charge for using the Sydney Harbour Tunnel or the Sydney Harbour Bridge (as the case requires) were a toll or charge for using a tollway.
Part 4
Bridges and tunnels
Part 4 Bridges and tunnels
Part 4 Bridges and tunnels
39
Definitions
39 Definitions
39 Definitions
In this Part—
opening bridge means a bridge that is designed to be opened, whether by lifting or turning a span of the bridge or otherwise.
operator of an opening bridge means the person responsible for opening the bridge.
40
Extension of Part to ancillary works and structures
40 Extension of Part to ancillary works and structures
40 Extension of Part to ancillary works and structures
This Part extends to a work or structure that is ancillary to a bridge or tunnel (such as an approach to a bridge or tunnel) as if it were part of the bridge or tunnel.
41
Behaving unsafely on bridges and tunnels
41 Behaving unsafely on bridges and tunnels
41 Behaving unsafely on bridges and tunnels
A person must not do anything that—
(a) endangers the stability or structural integrity of a bridge or tunnel, or
(b) interferes with the safe and efficient operation of a bridge or tunnel.
Maximum penalty—30 penalty units.
42
Climbing on bridges
42 Climbing on bridges
42 Climbing on bridges
A person must not—
(a) climb on any part of a bridge, or
(b) remain on the moving span of a bridge while it is closed to traffic.
Maximum penalty—30 penalty units.
43
Lighting fires on bridges
43 Lighting fires on bridges
43 Lighting fires on bridges
A person must not light, maintain or use a fire on, under or in the immediate vicinity of a bridge.
Maximum penalty—20 penalty units.
44
Throwing or dropping things from bridges
44 Throwing or dropping things from bridges
44 Throwing or dropping things from bridges
A person must not throw or drop anything from a bridge.
Maximum penalty—30 penalty units.
45
Fishing from bridges
45 Fishing from bridges
45 Fishing from bridges
(1) A roads authority may prohibit fishing from a bridge, or any part of a bridge, by means of notices conspicuously displayed on or adjacent to the bridge.
(2) A person must not fish from a bridge in contravention of any such notice.
Maximum penalty—5 penalty units.
46
Control of traffic on opening bridges
46 Control of traffic on opening bridges
46 Control of traffic on opening bridges
(1) A roads authority or bridge operator may give any directions that are necessary for the regulation of traffic in relation to the opening and closing of the bridge.
(2) A person must not contravene a lawful direction given to the person under this clause.
Maximum penalty—20 penalty units.
47
Cyclists to use cycleways on Sydney Harbour Bridge
47 Cyclists to use cycleways on Sydney Harbour Bridge
47 Cyclists to use cycleways on Sydney Harbour Bridge
A person must not ride a bicycle on any part of the Sydney Harbour Bridge other than a cycleway.
Maximum penalty—10 penalty units.
48
Regulation of commercial activities on Sydney Harbour Bridge and ANZAC Bridge
48 Regulation of commercial activities on Sydney Harbour Bridge and ANZAC Bridge
48 Regulation of commercial activities on Sydney Harbour Bridge and ANZAC Bridge
(1) A person must not, on the Sydney Harbour Bridge or on the ANZAC Bridge—
(a) sell or hire any goods, or offer any goods for sale or hire, or
(b) provide or offer to provide any services for fee, gain or reward, or
(c) conduct or participate in any entertainment or exhibition (whether or not for fee, gain or reward), or
(d) conduct or participate in any public assembly or public procession, or
(e) display any advertisement (otherwise than on a vehicle travelling across the Bridge) or distribute any advertising matter,
otherwise than under and in accordance with a permit issued by TfNSW.
Maximum penalty—5 penalty units.
(2) This clause does not affect the operation of Part 4 (Public assemblies) of the Summary Offences Act 1988.
48A
Major bridge, tunnel or road
48A Major bridge, tunnel or road
48A Major bridge, tunnel or road
(1) For the Act, section 144G, definition of major bridge, tunnel or road, the following are prescribed for the purposes of that section—
(a) a main road,
(b) a highway,
(c) a freeway,
(d) a tollway,
(e) a bridge or tunnel that joins a road referred to in paragraphs (a)–(d),
(f) a bridge or tunnel in—
(i) the Greater Sydney Region, or
(ii) the City of Newcastle, or
(iii) the City of Wollongong.
Example—
the Spit Bridge across Middle Harbour
(2) In this clause—
Greater Sydney Region has the same meaning as in the Greater Sydney Commission Act 2015, as in force on the commencement of this clause.
cl 48A: Ins 2022 (103), sec 3. Am 2022 (125), sec 3; 2022 (136), sec 3(1)–(3).
49
Exemptions
49 Exemptions
49 Exemptions
A roads authority may, either unconditionally or subject to conditions, exempt any person or class of persons in writing from the operation of any provision of this Division.
50
Navigation lights for opening bridges
50 Navigation lights for opening bridges
50 Navigation lights for opening bridges
An operator of an opening bridge must ensure that the following navigation lights are displayed to vessels approaching the bridge from either direction—
(a) a green light to indicate the starboard hand of the channel,
(b) a red light to indicate the port hand of the channel.
Maximum penalty—10 penalty units.
51
Passing near or through opening bridges
51 Passing near or through opening bridges
51 Passing near or through opening bridges
(1) The master of a vessel who does not intend to pass through an opening bridge must keep the vessel a safe distance from the bridge (or, if TfNSW has determined a minimum distance that must be kept between a vessel and a particular bridge, that minimum distance).
Maximum penalty—10 penalty units.
(2) The master of a vessel who intends to pass through an opening bridge may give the bridge operator notice of that intention by—
(a) giving the request bridge open signal, or
(b) communicating directly to the bridge operator by telephone or 2-way radio, or
(c) giving written notice in accordance with subclause (7).
(3) The master of the vessel must keep the vessel a safe distance from the opening bridge (or, if TfNSW has determined a minimum distance that must be kept between a vessel and a particular bridge, that minimum distance) until the bridge operator has—
(a) given the bridge open signal, or
(b) communicated directly with the master by telephone or 2-way radio that the bridge is open.
Maximum penalty—10 penalty units.
(4) After a bridge has been opened to allow a vessel to pass through, the master of the vessel—
(a) must—
(i) give the bridge operator the ready to pass through signal, or
(ii) communicate directly to the bridge operator by telephone or 2-way radio that the vessel is ready to pass through the open bridge, and
(b) after doing so, must take the vessel through the bridge without delay.
Maximum penalty—10 penalty units.
(5) The master of the vessel must not cause or allow the vessel to pass through or under an opening bridge except under power or on tow.
Maximum penalty—10 penalty units.
(6) If the vessel is not ready to pass through the bridge within 5 minutes after the bridge is opened, the bridge operator—
(a) may—
(i) replace the bridge open signal with the request acknowledged signal, or
(ii) communicate directly to the master of the vessel by telephone or 2-way radio that the bridge operator intends to close the bridge, and
(b) after doing so, may close the bridge.
(7) A written notice referred to in subclause (2) (c)—
(a) must be given to the bridge operator at least 15 minutes (or, if TfNSW has determined a longer period for a particular bridge, that longer period) before the vessel is ready to pass through, and
(b) must state the approximate time when the bridge is required to be opened.
(8) This clause does not apply in relation to a vessel that, because of its size, does not require the bridge to be opened in order to pass through the bridge.
52
Signals for use for opening bridges
52 Signals for use for opening bridges
52 Signals for use for opening bridges
(1) The request acknowledged signal to be displayed by a bridge operator to acknowledge a request to open the bridge for a vessel is as follows—
(a) between sunrise and sunset, a red semaphore arm, a red flag or a red light,
(b) between sunset and sunrise, a red light.
(2) The bridge open signal to be displayed by a bridge operator to indicate that the bridge is open for vessels to pass through is as follows—
(a) between sunrise and sunset, a green semaphore arm, a green flag or a green light,
(b) between sunset and sunrise, a green light.
53
Signals given by vessels
53 Signals given by vessels
53 Signals given by vessels
(1) The request open bridge signal for a vessel that requires a bridge to be opened is to be given by 3 long blasts on the vessel’s siren or whistle.
(2) The ready to pass through signal for a vessel that is ready to pass through an open bridge is to be given by one long blast, followed by one short blast, on the vessel’s siren or whistle.
Part 5
Ferries
Part 5 Ferries
Part 5 Ferries
54
Definition
54 Definition
54 Definition
In this Part—
ferry means a road-ferry, and includes any vessel, equipment or structure that is used in connection with the operation of a road-ferry.
55
Timetables
55 Timetables
55 Timetables
(1) A roads authority—
(a) may fix a timetable for any ferry under its control, and
(b) may determine the maximum capacity of the ferry, and
(c) may restrict or prohibit the use of the ferry for the carriage of stock or heavy vehicles between 10 pm and 6 am.
(2) The roads authority must ensure that the ferry is operated—
(a) at the times displayed in the timetable for the ferry, or
(b) if no timetable is fixed for the ferry, at any time its use is demanded.
(3) However, the ferry is not required to operate during adverse weather, if to do so would risk loss of life or property, or during any period while the ferry is temporarily closed as referred to in clause 57.
56
Ferries to have notice boards
56 Ferries to have notice boards
56 Ferries to have notice boards
(1) The roads authority must cause a notice to be conspicuously displayed at each part of the road from which access to the ferry is gained.
(2) The notice must contain the following particulars—
(a) the name of the ferry,
(b) the ferry operator’s name,
(c) the timetable for the ferry (if any),
(d) the charges (if any) that are payable for use of the ferry,
(e) the maximum capacity of the ferry,
(f) the restrictions or prohibitions (if any) that apply to the use of the ferry for the carriage of stock or heavy vehicles between 10 pm and 6 am.
(3) A person must not damage, deface or destroy a notice displayed in accordance with this clause.
Maximum penalty—5 penalty units.
57
Temporary ferry closures
57 Temporary ferry closures
57 Temporary ferry closures
(1) The roads authority may temporarily close a ferry for any reason (such as unavailability of a ferry operator or loss or damage to the ferry) that the roads authority considers necessary.
(2) While the ferry is closed, the roads authority must cause notice of the closure—
(a) to be conspicuously displayed at each part of the road from which access to the ferry is gained, and
(b) to be published in the local area by means of local newspaper, television, radio or the road authority’s website).
58
Passengers to pay ferry charges
58 Passengers to pay ferry charges
58 Passengers to pay ferry charges
A person must not use a ferry for which a charge is payable unless the charge has been paid.
Maximum penalty—5 penalty units.
59
Passengers to embark on or disembark from ferries only with ferry operator’s permission
59 Passengers to embark on or disembark from ferries only with ferry operator’s permission
59 Passengers to embark on or disembark from ferries only with ferry operator’s permission
A person must not embark on, or disembark from, a ferry until allowed to do so by the ferry operator.
Maximum penalty—10 penalty units.
60
Animals and vehicles to embark on or disembark from ferries only on ferry operator’s instructions
60 Animals and vehicles to embark on or disembark from ferries only on ferry operator’s instructions
60 Animals and vehicles to embark on or disembark from ferries only on ferry operator’s instructions
(1) A person must not drive a vehicle or animal towards a ferry beyond any sign displaying the word “STOP” on or in the vicinity of the ferry until the person is allowed to do so by the ferry operator.
Maximum penalty—10 penalty units.
(2) A person must not drive a vehicle or animal off a ferry until the person is allowed to do so by the ferry operator.
Maximum penalty—10 penalty units.
61
Regulation of commercial activities
61 Regulation of commercial activities
61 Regulation of commercial activities
(1) A person must not, on a ferry—
(a) sell or hire any goods, or offer any goods for sale or hire, or
(b) provide or offer to provide any services for fee, gain or reward, or
(c) conduct or participate in any entertainment or exhibition (whether or not for fee, gain or reward).
Maximum penalty—5 penalty units.
(2) This clause does not affect the operation of Part 4 (Public assemblies) of the Summary Offences Act 1988.
62
Confusing lights not to be displayed
62 Confusing lights not to be displayed
62 Confusing lights not to be displayed
(1) A ferry operator may direct a person in charge of a vehicle on the ferry to extinguish any light on the vehicle if satisfied that the light—
(a) is likely to be mistaken for the navigation light of a ship, or
(b) is likely to interfere with the safe operation of the ferry.
(2) A person must not fail to comply with a lawful direction given to the person under this clause.
Maximum penalty—10 penalty units.
63
Passengers on foot to use only areas set aside for them
63 Passengers on foot to use only areas set aside for them
63 Passengers on foot to use only areas set aside for them
A foot passenger must not occupy any portion of a ferry set apart for vehicles or animals if special accommodation for foot passengers exists on the ferry.
Maximum penalty—10 penalty units.
64
General offences
64 General offences
64 General offences
A person must not—
(a) obstruct or interfere with a ferry, or
(b) obstruct a ferry operator, or
(c) obstruct any person boarding or leaving a ferry, or
(d) leave unattended on a ferry any vehicle or animal that is under the person’s control, or
(e) open any container of petrol or other flammable spirit or oil, or strike a match or expose a naked light on a ferry, except in connection with the working of the ferry, or
(f) smoke on a ferry, or
(g) move onto or occupy a position on the flap of a ferry while the ferry is in motion, or before permission to embark or disembark has been signified by the ferry operator.
Maximum penalty—10 penalty units.
65
Control of traffic on ferries
65 Control of traffic on ferries
65 Control of traffic on ferries
(1) A ferry operator may give such directions as the ferry operator considers necessary for the regulation of traffic in relation to the operation of the ferry.
(2) In particular, a ferry operator may direct any passenger to leave the ferry, or to remove any vehicle, animal or goods from the ferry, if satisfied that it is necessary to do so for the safe operation of the ferry.
(3) A person must not contravene any lawful direction given to the person under this clause.
Maximum penalty—10 penalty units.
(4) A ferry operator may refuse to operate the ferry while any direction under this clause is not complied with.
66
Gates and exits
66 Gates and exits
66 Gates and exits
(1) A ferry operator must keep all gates and exits from the ferry securely closed while a ferry is in motion.
Maximum penalty—10 penalty units.
(2) A ferry operator must cause the ferry to be securely moored and the gates adjusted before allowing any person, vehicle or animal to embark on, or disembark from, the ferry.
Maximum penalty—10 penalty units.
67
Ferry approaches
67 Ferry approaches
67 Ferry approaches
The roads authority must ensure that the approaches to the ferry are sufficiently lit during darkness to ensure the safety and convenience of ferry passengers.
Part 6
Public gates
Part 6 Public gates
Part 6 Public gates
68
Consent of adjoining landowner to be obtained
68 Consent of adjoining landowner to be obtained
68 Consent of adjoining landowner to be obtained
An application for a public gate permit that is made by a person who owns land on one side only of the road across which the proposed public gate is to be erected must be accompanied by the written consent of the owner or owners of the land on the other side of the road.
69
Notice inviting objections
69 Notice inviting objections
69 Notice inviting objections
Before determining an application for a public gate permit, the roads authority—
(a) must cause notice of the proposal to erect a public gate (including particulars as to the proposed location of the gate) to be published in a local newspaper or on the roads authority’s website, and
(b) must allow sufficient time (being not less than 28 days from the date of publication of the notice) for written submissions on the proposal to be made to the roads authority, and
(c) must have due regard to any written submissions on the proposal that are made to the roads authority within that time.
70
Maintenance of public gates
70 Maintenance of public gates
70 Maintenance of public gates
The holder of a public gate permit must ensure that—
(a) the gate is white, and
(b) the posts on either side of the gate are fitted with reflectors facing along the road in each direction.
Maximum penalty—10 penalty units.
71
Road near gate
71 Road near gate
71 Road near gate
The holder of a public gate permit must ensure that the road approaches to the gate are maintained in good condition for the distance (not exceeding 20 metres) from each side of the gate, and for the width, determined by the roads authority when granting the permit.
Maximum penalty—10 penalty units.
Part 7
Miscellaneous
Part 7 Miscellaneous
Part 7 Miscellaneous
72
Transfer of application for closing public road
72 Transfer of application for closing public road
72 Transfer of application for closing public road
(1) For the purposes of section 34 (2) of the Act, the transfer of an application for the closing of a public road must contain the following information—
(a) the name, address and contact details of the proposed transferor and proposed transferee,
(b) the application or other reference number,
(c) a diagram or description of the road concerned,
(d) a statement that the proposed transferor assigns to the proposed transferee the whole of the transferor’s interest in the application and in any money or other property lodged with the Minister in connection with the application.
(2) The transfer must be signed by the proposed transferor and the proposed transferee.
(3) The transfer must be lodged with Department of Planning and Environment – Crown Lands and takes effect on that lodgment.
(4) In this clause, transferor means the original applicant or any person to whom the application is transferred in accordance with this clause.
cl 72: Am 2022 (368), Sch 1[1].
73
Transfer of application for acquisition of land for public road
73 Transfer of application for acquisition of land for public road
73 Transfer of application for acquisition of land for public road
(1) For the purposes of section 182 (2) of the Act, the transfer of an application for the acquisition of land for the purposes of a public road must contain the following information—
(a) the name, address and contact details of the proposed transferor and proposed transferee,
(b) the application or other reference number,
(c) a diagram or description of the land concerned,
(d) a statement that the proposed transferor assigns to the proposed transferee the whole of the transferor’s interest in the application and in any money or other property lodged with the Minister in connection with the application.
(2) The transfer must be signed by the proposed transferor and the proposed transferee.
(3) The transfer must be lodged with Department of Planning and Environment – Crown Lands and takes effect on that lodgment.
(4) In this clause, transferor means the original applicant or any person to whom the application is transferred in accordance with this clause.
cl 73: Am 2022 (368), Sch 1[1].
74
Authority to enter land
74 Authority to enter land
74 Authority to enter land
For the purposes of section 172 (2) (f) of the Act, the following classes are prescribed—
(a) in relation to a certificate of authority issued by the Minister administering the Crown Land Management Act 2016—a Public Service senior executive employed in the Department of Planning and Environment,
(b) in relation to a certificate of authority issued by TfNSW—a person employed in the Transport Service who is authorised for the purposes of that section by TfNSW.
cl 74: Am 2020 No 30, Sch 4.90[2]; 2022 (368), Sch 1[2].
75
Evidentiary certificates
75 Evidentiary certificates
75 Evidentiary certificates
(1) For the Act, section 248(1), (2) and (4), the following classes of persons are prescribed—
(a) in relation to a certificate issued on behalf of the Minister administering the Crown Land Management Act 2016—a Public Service senior executive employed in the Department of Planning and Environment,
(b) in relation to a certificate issued on behalf of a council—the general manager of the council,
(c) in relation to a certificate issued on behalf of TfNSW—a person employed in the Transport Service who is authorised by TfNSW to issue the certificate.
(2) For the Act, section 248(5) in relation to a certificate issued on behalf of TfNSW, a person employed in the Transport Service who is authorised by TfNSW to issue the certificate is prescribed.
cl 75: Am 2020 No 30, Sch 4.90[3]. Subst 2022 (368), Sch 1[3].
76
Authorised officers
76 Authorised officers
76 Authorised officers
(1) For the purposes of paragraph (c) of the definition of authorised officer in the Dictionary to the Act, the following classes of persons are prescribed—
(i) a member or employee of the trust board for the state conservation area trust, and
(ii) an administrator appointed to manage the affairs of that trust,
(d) in respect of any land proposed to be used for a road—a person (including a contractor, volunteer or employee of a public authority) engaged or authorised by TfNSW to carry out inspections or investigations relating to any one or more of the following—
(i) ascertainment of the physical features or conditions of the land,
(ii) determination of whether the land is suitable for use as a road,
(iii) determination of any environmental, economic, cultural, social or other impact of the proposed use of the land,
(e) in respect of a tollway, the Sydney Harbour Tunnel or the Sydney Harbour Bridge—an employee or agent of the toll operator,
(f) a member of staff of Transport for NSW.
(2) An authorised officer referred to in subclause (1) (e) may exercise a function only if (in the case of a function exercised in the presence of a person in respect of whom it is exercised) the authorised officer—
(a) wears a uniform issued by the toll operator, or
(b) wears an identity card, issued by the toll operator, that is clearly visible.
cl 76: Am 2025 (285), Sch 1[1].
77
Public authorities
77 Public authorities
77 Public authorities
For the purposes of the definition of public authority in the Dictionary to the Act, the following are prescribed—
Provision of information by toll service providers to TfNSW and its delegates
78 Provision of information by toll service providers to TfNSW and its delegates
78 Provision of information by toll service providers to TfNSW and its delegates
(1) TfNSW may require a toll service provider to provide TfNSW with any of the following information for the purpose of assisting it to determine an individual’s entitlement to a relevant motor vehicle tax exemption or a relevant registration fee waiver—
(a) information evidencing toll payments during the 2017–2018 financial year or any subsequent financial year,
(b) account numbers for tolling accounts,
(c) electronic tag numbers associated with tolling accounts,
(d) vehicle number-plates associated with tolling accounts,
(e) participation in the M5 Cashback Scheme conducted by the NSW Government,
(f) information about the periods during which—
(i) toll payments were made, or
(ii) tolling accounts were active, or
(iii) electronic tags or vehicle number-plates were associated with particular tolling accounts, or
(iv) an individual was a registered participant of the M5 Cashback Scheme.
(2) A relevant motor vehicle tax exemption is an exemption from, or a 50% reduction of, motor vehicle tax in respect of the registration of a registrable light motor vehicle under clause 5 of the Motor Vehicles Taxation Regulation 2016.
(3) To avoid doubt, TfNSW may require a toll service provider to provide information of a kind referred to in subclause (1) for the purposes of a pilot program of the kind referred to in clause 127A of the Road Transport (Vehicle Registration) Regulation 2017.
(4) A toll service provider is authorised to disclose to TfNSW any information that TfNSW requires from the provider under this clause.
(5) In this clause—
financial year means the period of 12 months commencing on 1 July in any year.
(b) any other person to whom TfNSW has delegated the function of obtaining information under the provisions referred to in subclause (2).
toll service provider means a person that provides accounts, products or related services to enable the payment of tolls for the use of tollways, bridges, tunnels or road-ferries by persons who are required to pay such tolls.
tolling account means an account provided by a toll service provider for the purpose of enabling the account holder to pay tolls.
cl 78: Am 2019 (197), cl 3 (1) (2).
78A
Provision of information by toll service providers to CEO
78A Provision of information by toll service providers to CEO
78A Provision of information by toll service providers to CEO
(1) The CEO may require a toll service provider to provide the CEO with the following information for the purpose of assisting the CEO to determine an individual’s entitlement to a toll relief rebate—
(a) information evidencing toll payments during the 2022–2023 financial year or a subsequent financial year,
(b) account numbers for tolling accounts,
(c) the following information associated with tolling accounts—
(i) electronic tag numbers,
(ii) vehicle number-plates,
(iii) email addresses,
(iv) Australian business numbers and Australian company numbers,
(d) participation in the M5 Cashback Scheme conducted by the NSW Government,
(e) information about the periods during which—
(i) toll payments were made, or
(ii) tolling accounts were active, or
(iii) electronic tags or vehicle number-plates were associated with particular tolling accounts, or
(iv) an individual was a registered participant of the M5 Cashback Scheme.
(2) A toll relief rebate is a rebate of toll payments made by an individual under a toll relief rebate scheme administered by the CEO in the exercise of a function relating to the delivery of Government services under the Service NSW (One-stop Access to Government Services) Act 2013, section 4(c).
(3) A toll service provider is authorised to disclose to the CEO information the CEO requires from the provider under this clause.
(4) Information about an individual disclosed to, or collected by, the CEO under clause 78 may also be used to assist the CEO to determine an individual’s entitlement to a toll relief rebate.
(5) In this clause—
financial year means the period of 12 months commencing on 1 July in a year.
CEO means the Chief Executive Officer of Service NSW, and includes another person to whom the CEO has delegated the function of obtaining information under this clause or clause 78.
toll service provider means a person that provides accounts, products or related services to enable the payment of tolls for the use of tollways, bridges, tunnels or road-ferries by persons who are required to pay the tolls.
tolling account means an account provided by a toll service provider for the purpose of enabling the account holder to pay tolls.
cl 78A: Ins 2022 (714), Sch 1.
79
Road events
79 Road events
79 Road events
(1) For the Act, Dictionary, definition of road event, each of the following activities is prescribed—
(a) a filming project within the meaning of the Local Government Act 1993, and an activity ancillary to or connected with the filming project,
(b) an activity if—
(i) the activity is a neighbourhood activity, and
(ii) the residential address of the applicant for the road event permit is on or near the road on which the road event will be conducted.
(2) In this clause—
ineligible event means an event that—
(a) occurs on a road on which bus services or light rail services operate, or
(b) results in restricted access to a railway station or a light rail station, or
(c) occurs within 60m of traffic lights on a road controlled by those lights, or
neighbourhood activity means a non-commercial event, including a local gathering or social activity, for which traffic may be regulated by temporary road closure and that is—
Any unpaid toll or charge payable in respect of a vehicle under clause 19 may be recovered from the registered operator of the vehicle (within the meaning of the Road Transport Act 2013) by the toll operator as a debt.
81
Notification of proposal to close council public roads
81 Notification of proposal to close council public roads
81 Notification of proposal to close council public roads
(1) For the purposes of paragraph (j) of the definition of notifiable authority in section 32B (1) of the Act, the following are prescribed—
(a) a major utility or water supply authority within the meaning of the Water Management Act 2000 (if the council public road concerned is located wholly or partly within the utility’s or authority’s area of operations),
(b) the Forestry Corporation,
(c) Local Land Services,
(d) the Office of Environment and Heritage.
(2) The owner or occupier of land whose land will suffer a material loss of access because of the council public road closure concerned is prescribed for the purposes of section 38B (1) (b) (iii) of the Act.
82
Savings
82 Savings
82 Savings
Any act, matter or thing that, immediately before the repeal of the Roads Regulation 2008, had effect under that Regulation is taken to have effect under this Regulation.
Schedule 1
Roads authorities
Schedule 1 Roads authorities
Schedule 1 Roads authorities
sch 1: Am 2020 No 30, Sch 4.90[4].
Schedule 2
Crown road purchases by instalment
Schedule 2 Crown road purchases by instalment
Schedule 2 Crown road purchases by instalment
Schedule 3
Penalty notice offences
Schedule 3 Penalty notice offences
Schedule 3 Penalty notice offences
For the purposes of section 243 of the Act—
(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.
This Regulation commences on 1 September 2018 and is required to be published on the NSW legislation website.
Note.
This Regulation replaces the Roads Regulation 2008, which is repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
3 Definitions
3 Definitions
(1) In this Regulation—
carriageway means the portion of a road improved or designed for use by, or used by, the main body of moving vehicles and does not include any shoulder of a road, breakdown lane or other lateral part of the road not so improved, designed or used.
drive includes ride or draw (in relation to a vehicle) and ride or lead (in relation to an animal).
motor vehicle has the same meaning as in the Road Transport Act 2013.
the Act means the Roads Act 1993.
vehicle has the same meaning as in the Road Transport Act 2013.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Roads
Part 2 Roads
Part 2 Roads
Division 1 General
Division 1 General
Division 1 General
4 Application of Part
4 Application of Part
4 Application of Part
This Part applies to a public road and to a classified road that is not a public road.
5 Temporary closing of road
5 Temporary closing of road
5 Temporary closing of road
Provides a statutory framework for ferries: timetables, noticeboards, passenger conduct, operator powers, safety obligations and mooring or gate controls (cl 54-67).
Prescribes classes of authorised officers and how they must identify themselves when exercising functions (cl 76), and prescribes specific public authorities (cl 77).
Enables TfNSW and the Service NSW CEO to require detailed tolling information from toll service providers for the specific statutory purposes of determining motor vehicle tax exemptions, registration fee waivers and toll relief rebates, and authorises toll service providers to disclose that information (cl 78, 78A).
Sets terms for Crown road purchases by instalment: three equal instalments, due dates, interest rate, transfer of title mechanics and forfeiture on default (Schedule 2, cl 3-7).
Lists penalty‑notice offences and fixed penalty amounts in Schedule 3, converting many of the Regulation's offences into civil penalty notice options (Sch 3).
Mechanically, the Regulation implements operational rules, behavioural offences with criminal penalties and fixed penalty options, administrative processes for roads authorities and toll operators, rules for data disclosure by toll service providers to government agencies for narrowly specified purposes, and a purchase‑by‑instalments scheme for Crown roads with specific forfeiture and restriction mechanics (Sch 2). The text contains a number of cross‑references to other Acts and subordinate instruments and records amendments and insertion dates for several clauses.
Main concepts
This instrument organises around several recurring legal and administrative concepts. Each of the following is defined or operationalised within the Regulation and tied to specific clauses.
Roads authority and application scope: The Regulation applies to public roads and classified roads that are not public roads (cl 4). Schedule 1 declares particular roads and areas for which TfNSW or other agencies are the roads authority (Sch 1). Many powers and duties are exercised by a “roads authority” under the Act; the Regulation prescribes how those powers are to be exercised in specified circumstances (for example, temporary closures, naming, ferry operation).
Safety, obstruction and protection offences: Clauses 8-18 contain general duties and specific prohibitions aimed at protecting road structure, road users and public safety. Penalties are set as penalty units up to 30 penalty units depending on the offence (for example, cl 14(1) jumping from bridges, max penalty 30 penalty units; cl 8(1) placing dangerous items, max 20 penalty units).
Temporary road closure and consultation procedures: A roads authority must give at least 7 days’ public notice of an intention to close a public road in exercise of functions under Part 8 of the Act, by local newspaper or website and conspicuous notices along the road; emergency closures are excepted (cl 5(1)-(2)). Naming or renaming a road requires publication, notification to a list of “relevant parties” and a right for anyone to make written submissions; a roads authority (other than the Minister) may not proceed against a relevant party’s objection without Ministerial approval (cl 7).
Tolling regime: Part 3 sets out driver obligations to pay, operator disclosure obligations, objection and review procedures, equipment tampering offences, and operator powers to direct traffic on tollways (cl 19-36). Clause 19(3) requires toll operators to publish a specified set of information on their websites, and clause 19(2) extends payment requirements to terms and administrative charges. Clause 80 treats unpaid tolls as debts recoverable from the registered operator.
Administrative review and objection mechanics: Clauses 21-22 create a two‑tier administrative pathway: an initial objection to the toll operator within 60 days (cl 21(2)), and an internal review by a reviewer who was not substantially involved in the original decision, with specified timeframes for decisions (cl 22).
Authorised officers and directions: Clauses 35-36 and 76 define authorised officers’ powers and duties: authorised officers may give directions about regulation of traffic and safety on tollways (cl 35); toll operators may place notices that have legal force when properly displayed and legible (cl 36); classes of authorised officers are prescribed in cl 76, and identification requirements for some authorised officers are imposed (cl 76(2)).
Intersections with other statutes and agencies: The Regulation operates alongside other NSW laws, expressly incorporating definitions and delegations under the Act, the Road Transport Act 2013, Privacy and Personal Information Protection Act 1998, Crown Land Management Act 2016, Service NSW Act 2013, Real Property Act 1900 and others (see multiple cross‑references throughout, e.g., cl 3 definitions and cl 25, cl 74-75, cl 78).
Data disclosure powers: Clauses 78 and 78A authorise TfNSW and the Service NSW CEO respectively to require toll service providers to disclose specific forms of information (account numbers, tag numbers, number‑plates, participation in schemes, payment periods and, for clause 78A, email addresses and ABN/ACN), for very specific statutory purposes (determining motor vehicle tax exemptions, registration fee waivers and toll relief rebates). Each clause expressly authorises the disclosure by the toll service provider.
Crown road instalment purchase mechanics: Schedule 2 prescribes a three‑instalment payment plan, due dates (first instalment one month from invoice, second 12 months after first instalment due, third 24 months after first instalment due), interest formula, estate in fee simple subject to conditions until payment completion, restrictions on dealing (no sale, mortgage, subdivision, or transfer until instalments paid), maintenance and insurance obligations, and forfeiture on default with publication in the Gazette (Sch 2 cl 3-7).
Fixed penalty notices: Schedule 3 converts many offences into penalty notice offences with specified dollar amounts, linking each offence in the Regulation to a monetary penalty option (Sch 3).
These concepts are enforced through a mixture of criminal penalties by reference to penalty units, the availability of penalty notices with fixed dollar amounts, civil debt recovery mechanisms for unpaid tolls (cl 80), administrative directions and notices, and powers to publish notices and keep registers (for exemple in naming roads cl 7(5)).
Who it affects
The Regulation designates responsibilities and effects across several discrete categories of actors. The clauses identify who pays, who decides, who must act, and who is subject to regulatory oversight.
Road users and drivers: Drivers are required to pay tolls when passing toll points (cl 19(1)), must not drive in ways that damage roads (cl 9-11) or leave vehicles unattended on tollways (cl 29), must follow directions of traffic controllers (cl 6(4)) and authorised officers (cl 35(2)), and must take steps to remove broken down vehicles from tollways (cl 31).
Vehicle owners and registered operators: The Act (referenced in cl 19 note) makes vehicle owners liable for offences under cl 19 unless the vehicle was stolen or the owner nominates another person, and clause 80 permits toll operators to recover unpaid tolls from the registered operator as a debt.
Toll operators and toll service providers: Toll operators must publish detailed information about tolls, charges, payment methods and objection procedures on their websites (cl 19(3)); may set terms and administrative charges (cl 19(2)); must process objections within 14 days and permit internal review (cl 21-22); may display directional notices that acquire legal force if properly displayed and legible (cl 36). Toll service providers (defined in cl 33 and cl 78) are authorised and required, in specified circumstances, to provide TfNSW or the Service NSW CEO with detailed account information, including payment history and identifiers (cl 78, 78A), for specific statutory purposes.
Roads authorities: Roads authorities exercise a variety of decision powers and duties: giving notice of road closures (cl 5), erecting signs, approving placement of items on roads (cl 8(2)(c)), naming or renaming roads with required notification and consultation (cl 7), operating ferries and setting timetables (cl 55-57), publishing ferry notices (cl 56), and granting exemptions from provisions in many Divisions (cl 49). Schedule 1 also assigns roads authority status for particular road segments to named entities (Sch 1).
Police and authorised officers: The Regulation prescribes classes of authorised officers who can exercise functions under the Act and Regulation (cl 76), but Part 3 does not apply to police officers or authorised officers acting in their capacity as such (cl 37). Some authorised officers must wear uniforms or visible identity cards when exercising functions in the presence of persons on tollways (cl 76(2)).
Bridge and tunnel operators and maritime masters: Operators of opening bridges must display navigation lights and coordinate with vessel masters regarding signalling, timing and passing procedures (cl 50-53). Bridge operators have powers to regulate traffic for opening/closing events (cl 46).
Ferry operators and passengers: Roads authorities operating ferries must publish timetables and notices (cl 55-56). Ferry operators have direction powers to regulate embarking/disembarking, to refuse service for safety reasons, and must keep gates closed while vessels move (cl 65, 66). Ferry passengers must follow operator instructions and pay charges (cl 58-64).
Purchasers of Crown roads by instalments: Individuals or entities buying Crown roads under Schedule 2 are affected by the three‑instalment payment structure, title transfer mechanics, conditions restricting dealings with the land until instalments are paid, maintenance and insurance obligations, and the forfeiture regime on default (Sch 2).
Public sector agencies and ministers: The Minister may fix maximum fees for toll services by Gazette order (cl 33). TfNSW and the CEO of Service NSW have statutory capacity to require toll service provider information for narrowly defined purposes (cl 78, 78A). The Regulation prescribes which public authorities are “public authorities” for the Act’s Dictionary (cl 77).
Relevant parties for naming roads and notifications: Clause 7 lists specific relevant parties that must be notified when naming or renaming roads, including Australia Post, Registrar‑General, Surveyor‑General, ambulance and emergency services, VRA Rescue NSW Limited and, for classified roads, TfNSW (cl 7(6)).
The Regulation thereby distributes enforcement and compliance obligations among private individuals (drivers, toll account holders, purchasers), private entities (toll service providers, toll operators), and public authorities (roads authorities, TfNSW, Minister, Service NSW CEO) and prescribes both administrative and criminal enforcement pathways against those actors.
Key duties and rights
This section summarises the principal legal duties imposed and the rights or administrative remedies the Regulation preserves or creates, with clause citations.
Duties imposed on road users and road‑related actors
Pay tolls and charges: The driver is obliged to pay any toll or charge when passing a toll point in the manner and time specified by the toll operator, and payment obligations include payment of terms and administrative charges set by the toll operator (cl 19(1)-(2)). Unpaid tolls are recoverable as debts from the registered operator (cl 80).
Obey traffic controllers and authorised officers: Persons must not disregard reasonable directions of traffic controllers (cl 6(4)), must not contravene lawful directions given by authorised officers regarding regulation of pedestrian and vehicular traffic and tollway safety (cl 35(2)), and must not contravene lawful directions contained in notices displayed under cl 36(3).
Avoid endangering others or damaging road infrastructure: Prohibitions include placing items likely to injure persons or damage vehicles or restrict road use (cl 8(1)), driving in a manner that causes damage to roads or tethers animals capable of causing damage (cl 9), dragging things likely to cause damage (cl 10), driving vehicles in a state of disrepair (cl 11), etc.
Compliance for bridge and ferry operations: Owners/operators must comply with specific requirements such as lighting navigation lights (cl 50), controlling traffic for opening bridges (cl 46), ferry operators keeping gates closed while in motion and ensuring secure mooring before embarkation/disembarkation (cl 66), and displaying required notices and timetables (cl 55-56).
Duties on toll operators and toll service providers
Disclosure and information publication: Toll operators must publish specified, detailed information on their websites in relation to each tollway (cl 19(3)). Toll service providers are authorised, and may be required by TfNSW or the Service NSW CEO, to provide specified detailed account and payment information for defined statutory purposes (cl 78, 78A). The toll operator must deal with toll objections within defined timeframes and provide for internal review (cl 21-22).
Equipment protection: Persons must not tamper with toll collection equipment without reasonable excuse (cl 20).
Duties and constraints on purchasers of Crown roads by instalment
Timing and payment: The sale price is payable in three equal instalments with specified due dates (Sch 2 cl 3(1)-(3)). Interest accrues on unpaid money under an explicit formula (Sch 2 cl 3(6)). Purchasers must pay other monies due on the first instalment date (Sch 2 cl 3(4)).
Restrictions until payment completion: Contracts include conditions preventing sale, mortgage, subdivision, consolidation, creation of easements without consent, and the purchaser may not transfer land until all instalments are paid (Sch 2 cl 5-6). Purchasers must maintain improvements and, if required, insure improvements with an approved insurer (Sch 2 cl 6(d)).
Rights and procedural safeguards
Objections and internal review: Individuals who have paid, or are required to pay, tolls may object to the imposition or amount of a toll within 60 days of incurring liability; toll operators must decide within 14 days, and if dissatisfied the objector may apply for an internal review within specified windows (cl 21-22). The reviewer must be someone not substantially involved in making the original decision and must make a decision within 21 days (cl 22(6)-(7)).
Administrative discretion with publication constraints: A toll operator may waive a toll or charge in respect of a particular vehicle or class (cl 19(5)). The Minister may fix maximum fees a toll service provider may charge a toll operator by Gazette order (cl 33).
Exemptions: Roads authorities may grant written exemptions, unconditional or subject to conditions, from operation of any provision of the Division or particular clauses (cl 14(2), cl 49). Clause 26 lists vehicles exempt from tolls for most tollways and provides a separate mechanism for Sydney Harbour Bridge/Tunnel exemptions under section 215 orders.
Title and recording mechanics: Purchaser has an estate in fee simple subject to recordings and Act/Regulation provisions; roads authority must lodge documents with Registrar‑General to record the incomplete purchase interest as soon as reasonably practicable after the transfer date (Sch 2 cl 4(1)-(2)).
Enforcement rights and remedies
Penalties and penalty notices: Many offences attract maximum penalties in penalty units (e.g., cl 14(1) 30 penalty units). Schedule 3 lists many offences as penalty notice offences with dollar amounts for immediate civil enforcement (Sch 3). Unpaid tolls are a debt recoverable by toll operator (cl 80), a civil remedy distinct from criminal penalties for some toll‑related offences.
Forfeiture on default for instalment purchasers: The roads authority may declare forfeiture in Gazette notice if a purchaser fails to make an overdue payment within 30 days of a letter of demand; forfeiture vests the land in the Crown and forfeits payments other than purchase price payments (Sch 2 cl 7).
These duties, rights and remedies create both criminal and civil enforcement pathways, administrative review mechanisms, contractual and property consequences for Crown road purchasers, and statutory data disclosure rights for government agencies dealing with tolling data.
Penalties and enforcement
The Regulation uses three overlapping enforcement mechanisms: criminal offences with penalty‑unit maximums, fixed penalty notices (Schedule 3), and civil remedies (debt recovery and forfeiture). The instrument specifies classes of authorised officers and procedural timeframes to support enforcement action.
Criminal penalties and maximums
Many clauses attach maximum penalties expressed in penalty units. Examples include: cl 14(1) (jumping onto/from bridges) maximum 30 penalty units; cl 41 (endangering stability of bridge or tunnel) maximum 30 penalty units; cl 8 maximum 20 penalty units; cl 9 maximum 10 penalty units; several tollway safety offences carry up to 20 penalty units (for example cl 29(1), cl 31). These maximum penalties stand alongside the option of issuing penalty notices for some offences (Sch 3).
Penalty notices: Schedule 3
Schedule 3 converts a long list of the Regulation’s offences into penalty notice offences for the purposes of s 243 of the Act and specifies the amount payable under each penalty notice. The schedule includes many key offences and dollar amounts, for instance: clause 8(1) and (3) $694; clause 14(1) $960; clause 15 $960; clause 19(1) $231; clause 29(1) $694; clause 41 $960; clause 44 $960. The schedule is subject to amendment history recorded in the Sch 3 footer.
Civil enforcement and recovery
Unpaid tolls are recoverable as debts by a toll operator from the vehicle’s registered operator under clause 80. This gives a civil remedy that does not require criminal conviction for recovery of tolls or charges.
For incomplete Crown road purchases, Schedule 2 sets out administrative forfeiture: if a purchaser fails to make an overdue payment within 30 days of a letter of demand, the roads authority may by Gazette notice declare the purchase forfeited (Sch 2 cl 7(1)). Forfeiture vests the land in the Crown if not already vested and forfeits monies paid other than payments of the purchase price (Sch 2 cl 7(4)). The roads authority may seek registration changes with the Registrar‑General to reflect forfeiture (Sch 2 cl 7(5)).
Direction and notice enforcement
Authorised officers have power to give directions regarding regulation of traffic and tollway safety (cl 35(1)). Contravening a lawful direction given under cl 35 or a lawful direction contained in a properly displayed notice under cl 36 attracts a maximum penalty of 20 penalty units (cl 35(2), cl 36(3)) and many are penalty notice offences (Sch 3).
Toll operators may display notices containing directions regarding traffic and safety (cl 36). For those notices to have legal effect they must be prominently displayed and clearly legible to the persons to whom they apply (cl 36(2)).
Identification and exercise of powers
Some authorised officers (those under cl 76(1)(e) in respect of tollways, the Sydney Harbour Tunnel or Bridge) may exercise functions only if wearing a uniform issued by the toll operator or a clearly visible identity card (cl 76(2)). This is an evidentiary condition to the lawful exercise of the power in the presence of persons affected.
Procedural safeguards for administrative enforcement
Toll operators must follow specified objection and internal review procedures (cl 21-22). A toll operator must deal with an objection within 14 days (cl 21(3)); internal review applications have their own timeframes (cl 22(1)-(4)), and the reviewer must be someone not substantially involved in the original decision (cl 22(6)). These procedures create administrative steps that a toll operator must follow before escalation.
Evidentiary and technical measures
The Regulation prescribes technical security indicators for toll camera photographs for the purpose of section 250A(2)(b) of the Act (cl 23); it prescribes a 90‑day inspection period for toll camera information (cl 24) and identifies particular classes of persons who may be given toll camera information (cl 25), cross‑referencing the PPIP Act for law enforcement and public sector agencies.
Enforcement overlap and multiplicity of remedies
An unpaid toll may expose the registered operator to civil debt recovery (cl 80) and may also attract a penalty notice if the driver contravenes cl 19(1) for not paying a toll (cl 19(1) is itself a penalty notice offence under Sch 3 at $231). The Regulation thus creates distinct avenues to secure payment and impose sanctions.
The Regulation provides a combination of criminal sanctions, civil debt recovery and administrative forfeiture, supported by specified identification, notice and review procedures that constrain enforcement exercise and procedural timelines that toll operators and roads authorities must respect.
How it interacts with other laws
The Regulation is heavily cross‑referenced with the Roads Act 1993 (the Act) and numerous other NSW statutes. The Regulation implements and operationalises functions under the Act and establishes specific cross‑statutory data sharing or application mechanisms.
Direct interactions and incorporations
The Regulation is made for the Act: it repeatedly references the Act and incorporates provisions of the Act into its operation. For example, cl 4 states the Part applies to a public road and to a classified road that is not a public road. Clause 34 expressly applies section 101 and Division 3 of Part 9 of the Act to tollways operated by TfNSW or NSW Motorways, treating references to public roads in those provisions as references to the tollway and references to roads authorities as references to TfNSW or NSW Motorways (cl 34(1)-(2)).
Definition cross‑references: cl 3 imports definitions from the Road Transport Act 2013 for “vehicle” and “motor vehicle” and points to the Act and the Interpretation Act 1987 for interpretative provisions (cl 3(1) and Note).
Interplay with privacy and information legislation
Clause 25 prescribes to whom toll camera information may be divulged for the purpose of section 250A(5)(e) of the Act, specifically naming the Minister, “a law enforcement agency within the meaning of the Privacy and Personal Information Protection Act 1998”, and “a public sector agency within the meaning of the Privacy and Personal Information Protection Act 1998”. This frames disclosure powers by reference to the definitions and protections in the PPIP Act.
Clause 78 and 78A operationalise data flows between toll service providers and TfNSW or the Service NSW CEO, authorising disclosure of account information and payment histories to government agencies for explicitly stated statutory purposes (determining entitlement to motor vehicle tax exemptions, registration fee waivers and toll relief rebates). Each clause defines the scope by reference to the relevant taxation or registration instruments (cl 78(2) references the Motor Vehicles Taxation Regulation 2016 and cl 78(2A) references the Road Transport (Vehicle Registration) Regulation 2017). Clause 78A similarly ties the CEO’s function to the Service NSW Act 2013.
Administrative and property law cross‑overs
Schedule 2 (Crown road purchases by instalment) interlocks with land registration legislation: it requires lodging of documents with the Registrar‑General and references the Torrens Register and the General Register of Deeds (Sch 2 cl 4-7), thereby operating in the space of property transfer and registration under the Real Property Act 1900 and Conveyancing Act 1919 (Sch 2 definitions and notes).
Clause 74 prescribes classes of persons who may be given certificates of authority for purposes of section 172(2)(f) of the Act, referencing certificates issued under the Crown Land Management Act 2016 and the role of a Public Service senior executive in the Department of Planning and Environment.
Interactions with other operational legislation and authorities
Clause 7 requires roads authorities to notify a defined list of “relevant parties” when renaming roads; that list includes Australia Post, Registrar‑General, Surveyor‑General and emergency services,linking road naming to postal addressing, land titles, surveying and emergency service operations (cl 7(6)).
The Regulation cross‑refers to the Summary Offences Act 1988 for the operation of public assembly controls: cl 48(2) states that the clause does not affect Part 4 of the Summary Offences Act 1988, and cl 79(1)(b) and the definition of ineligible event cross‑reference the Summary Offences Act.
Delegations and agency roles
Clause 78 defines TfNSW to include the CEO of Service NSW in the exercise of “customer service functions” (cl 78(5)(a)) and delegates information‑gathering to other persons to whom TfNSW may have delegated those functions (cl 78(5)(b)). Clause 78A similarly provides for delegation of the CEO function.
Ministerial orders and Gazette instruments
Clause 33 grants the Minister power, by order published in the Gazette, to fix maximum fees that toll service providers may charge toll operators. Clause 7(5)(a) requires the roads authority to publish the new road name in the Gazette. Schedule 2 refers to Gazette notice for forfeiture under Sch 2 cl 7. These references create a mechanism for formal rule changes and notices by Gazettely instrument.
Relationship to the Road Transport Act 2013
The Regulation borrows definitions and enforcement mechanics that feed into the Road Transport Act 2013. For example, cl 19’s note references s 244 of the Act making the owner of a vehicle guilty of an offence under the clause unless certain conditions apply; cl 80 recasts unpaid tolls as recoverable from the registered operator as defined in the Road Transport Act 2013. These cross‑links anchor toll‑related liabilities inside the broader road transport registration framework.
Taken together, the Regulation approaches road, tolling, bridge and ferry governance by layering regulatory requirements and processes across multiple statutes and agencies. It prescribes particular data disclosure powers for specified administrative purposes while anchoring property and title consequences for Crown road purchases into land registration systems.
Amendment history
The Regulation text records a number of insertions and amendments with itemised marginal notes. The key amendment and commencement points visible in the text provided are:
Commencement and repeal of previous Regulation: The Regulation commenced on 1 September 2018 and replaced the Roads Regulation 2008, which was repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989 (Commencement note, cl 2).
Clause‑level amendment notes visible in the text:
Clause 7 carries the marginal note "cl 7: Am 2025 No 48, Sch 2.12", indicating an amendment in 2025.
Clause 34 is annotated "cl 34: Am 2025 (306), Sch 1[1] [2]", indicating amendment action in 2025.
Clause 48A (Major bridge, tunnel or road) was inserted in 2022 and carries amendment notes showing successive amendments and insertion dates: "cl 48A: Ins 2022 (103), sec 3. Am 2022 (125), sec 3; 2022 (136), sec 3(1)-(3)."
Clause 76 (Authorised officers) shows "cl 76: Am 2025 (285), Sch 1[1]" indicating amendment in 2025.
Clause 78 contains "cl 78: Am 2019 (197), cl 3 (1) (2)." indicating amendments in 2019.
Clause 78A was inserted in 2022 with "cl 78A: Ins 2022 (714), Sch 1."
Clause 79 shows substitution in 2022 and amendment in 2023: "cl 79: Subst 2022 (815), sec 3. Am 2023 (681), Sch 1[1] [2]."
Clause 72: "cl 72: Am 2022 (368), Sch 1[1]."
Clause 73: "cl 73: Am 2022 (368), Sch 1[1]."
Clause 74: "cl 74: Am 2020 No 30, Sch 4.90[2]; 2022 (368), Sch 1[2]."
Clause 75: "cl 75: Am 2020 No 30, Sch 4.90[3]. Subst 2022 (368), Sch 1[3]."
Schedule 1 (Roads authorities) carries "sch 1: Am 2020 No 30, Sch 4.90[4]."
Clause 8A and other potential insertions are not present in the provided text; only the clauses shown carry amendment notes.
Instrumental insertions:
Clause 78A was inserted as a new clause in 2022 (Ins 2022 (714), Sch 1), expanding the list of information that can be requested and supplying a new statutory pathway for the CEO of Service NSW to obtain tolling data for toll relief rebates.
Transitional and savings provision:
Clause 82 (Savings) provides that acts, matters or things that had effect under the Road Regulation 2008 immediately before repeal are taken to have effect under this Regulation (cl 82). This is a standard saving provision accompanying the repeal and replacement.
The marginal amendment notations present in the provided text identify the year and instrument numbers for changes and insertions. The text does not provide the full amending instrument texts, only the insertion and amendment markers, so the precise content changes must be read against the amending instruments themselves. The Regulation, as published, consolidates several subsequent amendments into the current text (including insertions in 2019, 2020, 2022, 2023 and 2025 as marked).
Litigation history
The Regulation text supplied contains no citations to judicial decisions, no schedule of cases, and no express references to litigation outcomes or judicial interpretations. The instrument itself does not record any case law or litigation history within its provisions.
As a statutory instrument, its enforcement and interpretation will occur through application under the Act and related statutes in administrative or judicial forums. The Regulation provides procedural rights and administrative review mechanisms (for example, objection and internal review of toll decisions at cl 21-22) that may be the subject of later litigation or administrative appeals, but the text supplied contains no reported decisions, declaratory judgments or tribunal findings, and no clauses are annotated with judicial citations.
Users seeking litigation history relevant to these clauses must therefore consult case law databases, tribunal records and decisions applying the Roads Act 1993 and this Regulation. The Regulation itself establishes the statutory framework and the administrative pathways that would frame any litigation but does not summarise litigation outcomes.
Gotchas
The Regulation contains practical points that are easy to miss and that create operational or compliance consequences. These items are drawn from the express clauses and marginal notes in the Regulation text.
Publication and legibility conditions make notices legally significant: For many powers to have legal effect the Regulation requires notices to be “conspicuously displayed” or “prominently displayed” and “clearly legible” (cl 5(1), cl 7(1), cl 36(2)). A direction contained in a notice has legal force only if those display and legibility conditions are met (cl 36(2)-(3)). Failure to meet display standards can nullify the legal force of a direction.
Penalty‑notice amounts versus maximum penalty units: Clauses state maximum penalties in penalty units, but Schedule 3 assigns specific penalty notice dollar amounts that do not necessarily equal the full monetary equivalent of the maximum penalty. For example, cl 19(1) carries a maximum penalty of 5 penalty units, but Sch 3 lists a $231 penalty notice for cl 19(1). Enforcement exposure therefore may vary depending on whether authorities proceed by penalty notice scheme or criminal prosecution.
Multiple enforcement pathways for unpaid tolls: Unpaid tolls are both civil debts recoverable from the registered operator (cl 80) and the failure to pay may be an offence under cl 19(1) that attracts a penalty notice (Sch 3). These are alternative tools available to a toll operator and underscore that payment outcomes can be pursued by civil recovery in addition to penal enforcement.
Special provisions for Sydney Harbour Bridge and Tunnel: Clause 26(2) creates a separate exemption mechanism for the Sydney Harbour Bridge and Sydney Harbour Tunnel (vehicles in a class specified by order under section 215 of the Act). Clause 38 also applies the tollway Part to those specific assets "as if a toll or charge for using the Sydney Harbour Tunnel or the Sydney Harbour Bridge were a toll or charge for using a tollway",but clause 34 (application of s 101 and Div 3 of Part 9 of the Act) does not apply to tollways operated by operators other than TfNSW or NSW Motorways (cl 34(3)). That means some provisions apply differently depending on who operates the tollway.
Data disclosure scope is purpose‑limited but broad in identifiers: Clauses 78 and 78A authorise disclosure of detailed identifiers (account numbers, tag numbers, number‑plates, and for cl 78A also email addresses, ABN/ACN) and payment histories for specific fiscal years and purposes. Those clauses authorise toll service providers to disclose information and permit TfNSW/CEO to require information (cl 78(1), cl 78A(1)-(3)). The clause, however, sets the purpose narrowly,entitlement to specified tax exemptions or rebates,and ties the request to specific financial years (cl 78(1)(a), cl 78A(1)(a)).
Timeframes and administrative milestones: Many obligations have precise time limits. For toll objections an objection must be made within 60 days of incurring liability (cl 21(2)); toll operators must deal with objections within 14 days (cl 21(3)); internal review applications have 14 or 28 day windows depending on the circumstances and the reviewer must decide within 21 days (cl 22). Missing timeframes can affect rights to review.
Restrictions on purchasers of Crown roads until all instalments paid: Schedule 2 makes clear that purchasers do not enjoy an unfettered title until all instalments are paid. Contracts automatically include conditions preventing sale, mortgage, subdivision or creation of rights without roads authority consent until instalments are paid (Sch 2 cl 5(a)). Forfeiture mechanics can be triggered by a single overdue payment after a 30‑day letter of demand (Sch 2 cl 7). Purchasers should be aware of the conditional nature of the interest in fee simple until completion.
Administrative discretion with broad exemptions: Roads authorities may exempt any person or class of persons in writing from operation of any provision of a Division (cl 49) and cl 14(2) permits roads authorities to exempt persons from the jumping‑from‑bridge prohibition. The availability of wide exemption power means that practitioners should check for granted exemptions in specific cases.
Authorised officer identification conditions: Where the authorised officer is an employee or agent of a toll operator, they can exercise functions only if wearing a uniform issued by the toll operator or a clearly visible identity card (cl 76(2)). Failure to wear required identification may affect the lawfulness of the function when exercised in the presence of affected persons.
Differences between “roads authority” and operator responsibilities: The Regulation assigns duties to different actors,roads authority, toll operator, TfNSW, Minister,so it is essential to identify the correct decision‑maker. For example, cl 34 applies certain Act provisions to tollways operated by TfNSW or NSW Motorways but not to tollways operated by other toll operators (cl 34(3)).
Security indicator and inspection period specificity for toll camera photographs: Clause 23 prescribes as security indicators MD5 algorithm outputs (series of 32 characters, or series of 48 of which 32 are MD5), and cl 24 prescribes a 90‑day inspection period for toll cameras in relation to section 250A(3)(b) of the Act. Those technical specifications can be decisive in disputes over image authenticity and inspection timing.
These items are explicit in the Regulation and are operational‑level details that drive compliance obligations, timing, evidentiary strategy and risk allocation.
How to comply
Below are practical, clause‑based steps and compliance checkpoints tailored to the principal obligations in the Regulation. Each action references the relevant clause so that implementers can map compliance tasks to statutory text.
Roads authorities , procedural and publication duties
Temporary road closures: Give at least seven days’ public notice of an intended road closure under Part 8 of the Act, by publishing in a local newspaper or on the roads authority’s website and by erecting conspicuous notices along the road (cl 5(1)). Keep records of publication and dated photographs of erected signs to demonstrate compliance. For emergencies no prior notice is required, but maintain internal incident reports documenting the emergency basis (cl 5(2)).
Naming and renaming roads: Publish the proposal in a local newspaper or on the roads authority website and notify all relevant parties listed in cl 7(6). Specify how submissions are to be made and the deadline. Retain and consider written submissions and, if proceeding over the objection of a relevant party (other than the Minister), obtain Ministerial approval (cl 7(1)-(5)).
Ferry timetables and noticeboards: Fix and publish timetables and charges where appropriate, display noticeboards at access points with the particulars listed in cl 56(2) (name, operator, timetable, charges, capacity, restrictions). Ensure timely publication of temporary ferry closures and conspicuous display at access points (cl 55-57).
Toll operators and toll service providers , publication, objection handling, data sharing
Website disclosure obligations: For each tollway, publish on the toll operator’s website the items listed in cl 19(3) including toll amounts and calculations, administrative charge amounts, payment windows, payment methods, terms and conditions, objection procedures, and the statutory offence warning. Keep dated website snapshots or records to evidence compliance.
Objection handling and internal review: Establish internal processes to accept and record written objections within 60 days of liability (cl 21(2)). Decide and notify objectors within 14 days of receiving the objection,options are reimbursement, waiver or dismissal (cl 21(3)). Provide a documented internal review pathway with designated reviewers not substantially involved in the original decision, ensure internal review applications are accepted within the time windows (cl 22(3)-(4)), and ensure reviewers determine matters within 21 days and provide written notice (cl 22(7)).
Toll equipment protection and incident logs: Implement access control and monitoring measures for toll collection equipment; maintain incident logs for any interference and investigate promptly. Remember that tampering without reasonable excuse is an offence (cl 20). Maintain compliance records and CCTV where appropriate.
Responding to TfNSW/CEO information requests: Toll service providers should maintain searchable records of account numbers, tag numbers, number‑plates, payment histories and participation in specified schemes for the financial years referenced (cl 78(1), cl 78A(1)). Implement secure channels to disclose this information to TfNSW or the CEO when lawfully required, and maintain logs of any disclosures. Note that cl 78(4) and cl 78A(3) expressly authorise disclosure; ensure internal privacy assessments and legal sign‑off are in place before disclosure.
Authorised officers, traffic controllers and signage
Traffic controller training and identification: Ensure traffic controllers engaged by a roads authority or contractor have completed an approved traffic control training course as required (cl 6(2)), and that they wear a badge or distinguishing mark clearly indicating they are a traffic controller (cl 6(3)). Maintain training records, ID issuance, and an attendance log.
Authorised officer identification: For authorised officers who are employees or agents of a toll operator exercising functions in the presence of affected persons, ensure they wear the required uniform or a clearly visible identity card when performing duties (cl 76(2)).
Notices and directions: When placing notices intended to have legal force (cl 36) ensure they are prominently displayed at or near the relevant part of the tollway, and the directions are clearly legible to those persons intended to be bound (cl 36(2)). Keep dated records and photographs of notice placement.
Bridges, opening bridges and maritime signalling
Opening bridge signalling: Bridge operators must ensure green and red navigation lights indicating port and starboard are displayed to approaching vessels (cl 50). Adopt protocols matching the prescribed signals in cl 52-53 for request, acknowledgement, bridge open and ready‑to‑pass signals. Retain bridge logs documenting signals, calls and vessel communications.
Ferries , operator obligations and passenger controls
Timetable adherence and notices: Publish timetables and ensure ferry operates at times displayed in the timetable; where no timetable exists, operate when required by demand except in adverse weather or temporary closure circumstances (cl 55(1)-(3)). Ensure conspicuous display of notices at access points containing all particulars required by cl 56(2).
Safety practices: Keep gates and exits securely closed while the ferry is in motion, ensure secure mooring and gate adjustment before embarkation/disembarkation (cl 66), and keep approaches sufficiently lit during darkness (cl 67). Record maintenance and safety checks.
Crown road purchasers , contractual and payment compliance
Instalment plan and recordkeeping: For incomplete Crown road purchases with purchase price $1,000 or more, the purchaser must pay in three equal instalments with due dates as prescribed: first instalment due one month from invoice, second due 12 months after the first instalment due date, third due 24 months after the first instalment due date (Sch 2 cl 3(1)-(3)). Ensure timely payment of all other monies on the first instalment date (Sch 2 cl 3(4)). Account for interest calculation on overdue amounts: 8% per year plus the Bank Accepted Bill rate rounded to the second decimal place, accruing daily (Sch 2 cl 3(6)).
Title and dealing restrictions: Until all instalments are paid purchasers must not sell, mortgage, subdivide, consolidate or transfer the land, or create easements, profits à prendre or restrictions without roads authority consent (Sch 2 cl 5(a), cl 6(g)). Maintain insurance for improvements if required by the roads authority (Sch 2 cl 6(d)(ii)). Be aware that the roads authority will apply to the Registrar‑General to register the incomplete purchase interest as soon as reasonably practicable after the transfer date (Sch 2 cl 4(2)).
Default and forfeiture procedures: If a letter of demand for an overdue payment is not satisfied within 30 days the roads authority may declare forfeiture by Gazette notice, vesting the land in the Crown and forfeiting monies other than purchase price payments (Sch 2 cl 7(1), (3)-(4)). Maintain clear contact and payment records to avoid trigger of forfeiture.
General compliance and monitoring
Training and record systems: Entities subject to the Regulation should implement documented procedures, designated compliance officers, training and record retention for notices, publications, objection handling, data disclosure, traffic controller training, equipment maintenance and vessel/bridge logs.
Privacy and disclosure governance: Because cl 78 and cl 78A authorise and require toll service providers to disclose personal and account identifiers to government agencies for specific statutory purposes, toll service providers should adopt strict internal governance and legal sign‑off to ensure disclosures are made only to the authorised recipient for the authorised purpose, and that records of the disclosure are retained.
Penalty notice exposure: Review the Schedule 3 table and identify which offences are penalty notice offences and their dollar amounts. Track and log incidents that could trigger penalty notices, and where appropriate consider internal dispute and remediation pathways to avoid penalty notice issuance.
Check for exemptions and local delegations: Because roads authorities may grant written exemptions (cl 49) and many powers depend on whether the tollway is operated by TfNSW/NSW Motorways versus other toll operators (cl 34(3)), confirm which authority operates the asset and whether any local exemptions exist.
Implementers should keep contemporaneous documentary evidence of all required publications, notice placements, training and decision processes given the Regulation’s reliance on publication, display and time‑driven administrative processes.
(1) A roads authority must give at least 7 days notice of its intention to close a public road in the exercise of its functions under Part 8 of the Act—
(a) by means of a notice published in a local newspaper or on the roads authority’s website, and
(b) by means of conspicuous notices erected along the road.
(2) No such notice is necessary in the case of an emergency.
6 Traffic controllers
6 Traffic controllers
6 Traffic controllers
(1) For the purpose of enabling it to exercise its functions under Part 8 of the Act, a roads authority may engage, or authorise its agents or contractors to engage, traffic controllers to direct traffic on a road.
(2) A person may be engaged as a traffic controller by a person other than a road authority only if the person to be engaged has successfully completed a training course in traffic control approved by SafeWork NSW or a roads authority.
(3) A traffic controller must wear a badge or other distinguishing mark clearly indicating the person is a traffic controller.
(4) A person must not disregard the reasonable directions of a traffic controller with respect to the regulation of traffic.
Maximum penalty (subclause (4)): 20 penalty units.
7 Procedure for naming roads
7 Procedure for naming roads
7 Procedure for naming roads
(1) A roads authority that proposes to name or rename a road must—
(a) publish notice of the proposal in a local newspaper or on the roads authority’s website, and
(b) notify all relevant parties of the proposal.
(2) The notice must state that written submissions on the proposed name may be made to the roads authority and must specify how, and the date by which, submissions are to be made.
(3) Any person may make written submissions to the roads authority on its proposal to name or rename a road.
(4) A roads authority (other than the Minister) may not proceed with a proposal to name or rename a road against an objection made by a relevant party except with the approval of the Minister.
(5) If, after considering any submissions duly made to it, the roads authority decides to proceed with the proposed name, the roads authority—
(a) must publish notice of the new name in the Gazette and in a local newspaper or on the roads authority’s website, giving (in the case of a road that is being named for the first time) a brief description of the location of the road, and
(b) must notify the relevant parties of the new name, giving sufficient particulars to enable the road to be identified.
(6) In this clause, relevant party means the following—
(a) Australia Post,
(b) the Registrar-General,
(c) the Surveyor-General,
(d) the chief executive of the Ambulance Service of NSW,
(e) Fire and Rescue NSW,
(f) the NSW Rural Fire Service,
(g) the NSW Police Force,
(h) the NSW State Emergency Service,
(i) VRA Rescue NSW Limited,
(j) in relation to a classified road—TfNSW.
cl 7: Am 2025 No 48, Sch 2.12.
Division 2 Protection of roads and traffic
Division 2 Protection of roads and traffic
Division 2 Protection of roads and traffic
8 Things placed on and use of roads
8 Things placed on and use of roads
8 Things placed on and use of roads
(1) A person must not—
(a) place on a road anything that is likely to injure any person or damage any vehicle, or
(b) place on a road anything that is likely to restrict or endanger the use of a road by the public or interfere with public convenience, or
(c) load or unload a vehicle on or from the shoulder of a road in a manner that is likely to cause damage to the road, or
(d) allow to escape onto a road any liquid or any loose or waste material.
Maximum penalty—20 penalty units.
(2) Subclause (1) does not apply to—
(a) the placement on a road of a building waste storage container, to the extent to which its placement is authorised by or under the Local Government Act 1993, or
(b) the placement on a road of a garbage bin, bag or other receptacle or of other refuse collectible by the council, to the extent to which its placement is authorised by or under the Local Government Act 1993, so long as it is placed—
(i) beside the carriageway of the road, and
(ii) out of the line of traffic, or
(c) the doing of anything on a road with the consent of the relevant roads authority, or
(d) the temporary placement of anything on a road as a result of the breakdown of the vehicle or animal by which it is being carried.
(3) A person who leaves anything on a road because of the breakdown of the vehicle or animal by which it is being carried—
(a) must place it out of the line of traffic, and
(b) must ensure that it is adequately guarded to prevent it being a danger to the public, and
(c) must ensure that it is adequately lit at night, and
(d) must cause it to be removed from the road as soon as practicable.
Maximum penalty—20 penalty units.
9 Protection of roads
9 Protection of roads
9 Protection of roads
A person must not—
(a) drive a vehicle or animal on a road in such a manner as to cause damage (other than fair wear and tear) to the road or to any structure or work on the road, or
(b) tether in any road any animal that is capable of causing damage to the road or to any structure or work on the road.
Maximum penalty—10 penalty units.
10 Dragging things on road
10 Dragging things on road
10 Dragging things on road
(1) A person must not—
(a) propel or drag anything along the surface of a road that is capable of causing damage to the road or to any structure or work on the road, fair wear and tear excepted, or
(b) drive a vehicle with chains on its wheels otherwise than on a road whose surface is covered with mud, snow or ice.
Maximum penalty—10 penalty units.
(2) A person must not, except with the permission of the roads authority, drive on a road a vehicle that has caterpillar tracks or that has wheels having spikes, bars or other projections that come into contact with the road surface.
Maximum penalty—20 penalty units.
11 Vehicles in disrepair
11 Vehicles in disrepair
11 Vehicles in disrepair
A person must not drive a vehicle on a road if the vehicle is in such a state of disrepair as to cause damage to the road or to any structure or work on the road, fair wear and tear excepted.
Maximum penalty—10 penalty units.
Division 3 Protection of public safety
Division 3 Protection of public safety
Division 3 Protection of public safety
12 Lighting and fencing of obstructions and dangers
12 Lighting and fencing of obstructions and dangers
12 Lighting and fencing of obstructions and dangers
Any person (including a roads authority) who carries out a work on a road in such a manner as to create a traffic hazard—
(a) must ensure that the hazard is adequately guarded to prevent it being a danger to the public, and
(b) must ensure that the hazard is adequately lit at night.
Maximum penalty—20 penalty units.
13 Lights on roads
13 Lights on roads
13 Lights on roads
A person must not extinguish, interfere with or obscure any street light or hazard warning light on a road.
Maximum penalty—20 penalty units.
14 Jumping onto or from bridges and other structures
14 Jumping onto or from bridges and other structures
14 Jumping onto or from bridges and other structures
(1) A person must not jump onto or from any portion of a bridge or other structure that is situated on, or forms part of, a road.
Maximum penalty—30 penalty units.
(2) A roads authority may, either unconditionally or subject to conditions, exempt any person or class of persons in writing from the operation of this clause.
Division 4 Protection from neighbouring land
Division 4 Protection from neighbouring land
Division 4 Protection from neighbouring land
15 Throwing things onto roads or vehicles
15 Throwing things onto roads or vehicles
15 Throwing things onto roads or vehicles
A person must not, without the permission of a roads authority, cast or throw anything onto a road, or into or onto a vehicle on a road, from anywhere (including the road).
Maximum penalty—30 penalty units.
16 Property to be sufficiently spouted
16 Property to be sufficiently spouted
16 Property to be sufficiently spouted
The occupier of land having frontage to a road must not allow water to drip or flow from the land onto any part of the road other than the gutter.
Maximum penalty—10 penalty units.
17 Excavations adjacent to road
17 Excavations adjacent to road
17 Excavations adjacent to road
A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.
Maximum penalty—20 penalty units.
18 Obstruction on footway or road
18 Obstruction on footway or road
18 Obstruction on footway or road
A person must not erect, maintain or use a door or gate that opens outwards into a road.
Maximum penalty—10 penalty units.
Part 3 Tollways
Part 3 Tollways
Part 3 Tollways
Division 1 Payment of tolls and charges
Division 1 Payment of tolls and charges
Division 1 Payment of tolls and charges
19 Driver of vehicle to pay tolls and charges
19 Driver of vehicle to pay tolls and charges
19 Driver of vehicle to pay tolls and charges
(1) The driver of a vehicle that passes a toll point on a tollway must pay any toll or charge payable for the use of the tollway to the toll operator at or within the time and in the manner specified by the toll operator in respect of the tollway.
Maximum penalty—5 penalty units.
Note.
Section 244 of the Act makes the owner of a vehicle guilty of an offence under this clause unless the vehicle was stolen or the owner nominates another person as the person in charge of the vehicle at the time of the offence.
(2) A requirement to pay a toll or charge includes a requirement to pay the toll or charge in accordance with any terms and conditions (including a term requiring the payment of an administrative charge) that may be imposed by a toll operator in relation to the particular manner of payment of the toll or charge.
(3) A toll operator must publish the following information on the toll operator’s website in relation to each tollway it operates—
(a) the amount of the toll payable for the use of the tollway and how that amount is calculated,
(b) the amount of any charge (including an administrative charge) payable by the driver for the use of the tollway and how that amount is calculated,
(c) the time within which a toll or charge must be paid,
(d) the manner in which a toll or charge may be paid,
(e) any other terms and conditions that apply to the payment of the toll or charge,
(f) the procedure for objecting to the imposition of a toll or charge or the amount of a toll or charge imposed,
(g) that it is an offence for the driver of a vehicle that passes a toll point to not pay a toll or charge payable for the use of the tollway,
(h) any other information required by TfNSW in relation to the tolls and charges payable for the use of the tollway.
(4) A toll operator may also indicate, by the use of signs approved by TfNSW, any of the information referred to in subclause (3).
(5) A toll operator may waive a toll or charge in respect of a particular vehicle or class of vehicles.
(6) Nothing in clause 35 or 36 affects the requirement to pay a toll or charge under this clause.
20 Person must not interfere with toll equipment
20 Person must not interfere with toll equipment
20 Person must not interfere with toll equipment
A person must not, without reasonable excuse, tamper or otherwise interfere with any equipment used in connection with the collection of a toll (such as an electronic device, a sensor unit or an electronic boom gate).
Maximum penalty—10 penalty units.
21 Objections in relation to payment of tolls and charges
21 Objections in relation to payment of tolls and charges
21 Objections in relation to payment of tolls and charges
(1) A person (the objector) who has paid a toll or charge, or who is required to pay a toll or charge, under this Part may object to—
(a) the imposition of the toll or charge, or
(b) the amount of the toll or charge imposed,
if the objector is of the opinion that he or she is not liable for the toll or charge (or the full amount of the toll or charge) imposed.
(2) An objection must—
(a) be made within 60 days after the liability to pay the toll or charge is incurred, and
(b) be made in writing and specify the grounds of the objection.
(3) A toll operator must, within 14 days after receiving the objection—
(a) deal with the objection by—
(i) reimbursing the objector for all or part of the toll or charge, or
(ii) waiving payment of all or part of the toll or charge, or
(iii) dismissing the objection, and
(b) notify the objector of the decision on the objection, and
(c) inform the objec
This is an opening excerpt, not the complete document.